New York Court of Appeals
Dorothy Barry, Respondents v. Niagara Frontier Transit System, Inc., Defendant and Third-Party…
December 20, 197435 N.Y.2d 629
Summary
The New York Court of Appeals affirmed the dismissal of a third‑party complaint by the bus company seeking indemnification from the Village of Kenmore. The Court held that former §341‑a of the Village Law applies to such apportionment actions, requiring prior written notice of a dangerous condition before a cause of action can arise. Because no notice was given, the village owed no duty and could not be held liable.